DUKHAN PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The Appellant has filed this appeal for setting aside the judgment of conviction and sentence dated 25.6.2009 in, S.T No. 124 of 2002 arising out of B.S. City P.S. Case No. 163 of 1994, corresponding to G.R. Case No. 748 of 1994 by the Ist Additional Sessions Judge, Bokaro, whereby the Appellant has been convicted for the offence under Sections 324, 307/34 of the Indian Penal Code and 27 of the Arms Act and sentenced to R.I. for ten years and to pay a fine of Rs. 20,000/- for the offence under Section 307/34 I.P.C. and in default of payment of fine further under go S.I. for a period of two years and further sentenced to undergo R.I. for 5 years for the offence under Section 27 Arms Act. All the sentence will run concurrently and the period already undergone as under-trial prisoner shall be set off against his sentence.

(2.) Prosecution case in brief is that the farebeat of the informant one Madan Mohan Sah son of Laxmi Sah, permanent resident of village Raghopur, P.S. Jurawanpur District Vaishali (Bihar) and presently residence at Muhalla Joshi Colony LakraKlanda (near Khalsha School) Jhopari under P.S.B.S. City, District Bokaro is that on 10.7.94 while he was coming from his residence by his bicycle to Dundibagh Market, for marketing and reached at about 15.10 hours after Dugal Gate between over bridge and CEZ gate Golambar noticed that one motorcycle was coming behind him in slow speed, he turned and saw that three persons were ridding upon said motorcycle out of whom Dukhan Paswan accused Appellant in middle who used to work as Khalashi in his department in operation Garriage of B.S.L. had a revolver in his hand from which he shot fire upon him which hit in his left side of the hand and bullet went out from left side of his stomach then he got down from his cycle and chased. Dukhan Paswan again shot fire towards him but it did not hit him. It is further alleged that culprits were ridding on black colour Rajdoot Motorcycle and the last digital number of which was 37. They turned motorcycle towards right side and fled away towards east CEZ gate. The further case of the informant is that Dukhan Paswan (the Appellant) was well known to him since he was working in his department and used to wear Kurta and Paijama and also keep slight beard. The other two persons were between 25-26 years old. Their height was about 5'5" and they were in simple dress. The reason behind fire as alleged by the informant is that Dukhan Paswan (accused/Appellant) deals with the business of broker for sell and purchase of land. Dukhan Paswan had taken Rs. 40,000/- (forty thousand) in the year 1991 from him for sell a piece of land at Chas. He further alleged that when the informant learnt about forged activity of Dukhan Paswan then he demanded back his earnest money whereupon Dukhan Paswan had given assurance that after sell of the land he will return the aforesaid money to him but long time had passed away then Dukhan Paswan falsely charged the informant consequently the informant was suspended on 9.9.93. Entire matter was enquired by enquiry committee thereafter the suspension of the informant was revoked on 24.5.94 consequently the informant again joined his service on 27.5.94. Thereafter, the informant again demanded earnest money thereupon Dukhan Paswan assured him to return the same on 20.7.94 but before the said date, Dukhan Paswan along with his two associates attempted to commit his murder by shot fire from revolver with intention to grab the said amount of Rs. 40,000/- (forty thousand) of the informant.

(3.) On the basis of the aforesaid farebeat, a formal F.I.R. was drawn and the present case has been registered against the accused Appellant. After investigation, charge sheet has been submitted and after taking cognizance, the case was committed to the court of Sessions for trial.